Approval and Promulgation of Air Quality Implementation Plans; Maryland; Section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen Dioxide National Ambient Air Quality Standards, 40664-40666 [2014-16301]
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40664
Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Rules and Regulations
EPA-APPROVED IDAHO NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES
Applicable
geographic or
non-attainment area
State submittal date
EPA approval date
Comments
*
Section 110(a)(2) Infrastructure Requirements
for the 1997 PM2.5
NAAQS.
*
*
State-wide .........................
*
9/15/2008; 6/28/2010 ........
*
*
7/14/2014 [Insert page
number where the document begins].
Section 110(a)(2) Infrastructure Requirements
for the 2006 PM2.5
NAAQS.
State-wide .........................
6/28/2010; 8/10/2011 ........
7/14/2014 [Insert page
number where the document begins].
Section 110(a)(2) Infrastructure Requirements
for the 2008 Ozone
NAAQS.
State-wide .........................
6/28/2010 ..........................
7/14/2014 [Insert page
number where the document begins].
*
This action addresses the
following CAA elements
or portions thereof:
110(a)(2)(A), (B), (C),
(D)(ii), (E), (F), (G), (H),
(J), (K), (L), and (M).
This action addresses the
following CAA elements
or portions thereof:
110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F),
(G), (H), (J), (K), (L),
and (M).
This action addresses the
following CAA elements
or portions thereof:
110(a)(2)(A), (B), (C),
(D)(i)(II), (D)(ii), (E), (F),
(G), (H), (J), (K), (L),
and (M).
Name of SIP
provision
Maryland has made a submittal
addressing the infrastructure
requirements for the 2010 nitrogen
dioxide (NO2) NAAQS.
[FR Doc. 2014–16299 Filed 7–11–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2013–0649; FRL–9913–41–
Region–3]
Approval and Promulgation of Air
Quality Implementation Plans;
Maryland; Section 110(a)(2)
Infrastructure Requirements for the
2010 Nitrogen Dioxide National
Ambient Air Quality Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a State
Implementation Plan (SIP) revision
submitted by the State of Maryland
pursuant to the Clean Air Act (CAA).
Whenever new or revised National
Ambient Air Quality Standards
(NAAQS) are promulgated, the CAA
requires states to submit a plan for the
implementation, maintenance, and
enforcement of such NAAQS. The plan
is required to address basic program
elements, including, but not limited to
regulatory structure, monitoring,
modeling, legal authority, and adequate
resources necessary to assure attainment
and maintenance of the standards.
These elements are referred to as
infrastructure requirements. The State of
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SUMMARY:
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15:56 Jul 11, 2014
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I. Background
On February 9, 2010 (75 FR 6474),
EPA established a new 1-hour primary
NAAQS for NO2 at a level of 100 parts
per billion (ppb), based on a 3-year
DATES: This final rule is effective on
average of the 98th percentile of the
August 13, 2014.
yearly distribution of 1-hour daily
ADDRESSES: EPA has established a
maximum concentrations. Section
docket for this action under Docket ID
110(a) of the CAA requires states to
Number EPA–R03–OAR–2013–0649. All submit SIPs to provide for the
documents in the docket are listed in
implementation, maintenance, and
the www.regulations.gov Web site.
enforcement of a new or revised
Although listed in the electronic docket, NAAQS. Specifically, section 110(a)(1)
some information is not publicly
requires states to submit SIPs meeting
available, i.e., confidential business
the applicable requirements of section
information (CBI) or other information
110(a)(2) within three years following
whose disclosure is restricted by statute. the promulgation of such NAAQS, or
within such shorter period as EPA may
Certain other material, such as
prescribe, and section 110(a)(2) requires
copyrighted material, is not placed on
states to address specific elements for
the Internet and will be publicly
monitoring, basic program requirements
available only in hard copy form.
and legal authority that are designed to
Publicly available docket materials are
assure attainment and maintenance of
available either electronically through
www.regulations.gov or in hard copy for the newly established or revised
NAAQS.
public inspection during normal
The contents of a SIP submission may
business hours at the Air Protection
Division, U.S. Environmental Protection vary depending upon the data and
analytical tools available to the state, as
Agency, Region III, 1650 Arch Street,
well as the provisions already contained
Philadelphia, Pennsylvania 19103.
in the state’s SIP at the time in which
Copies of the State submittal are
the state develops and submits the
available at the Maryland Department of
submission for a new or revised
the Environment, 1800 Washington
NAAQS. States were required to submit
Boulevard, Suite 705, Baltimore,
such SIPs for the 2010 NO2 NAAQS to
Maryland 21230.
EPA no later than January 2013.
FOR FURTHER INFORMATION CONTACT:
II. Summary of SIP Revision
Ruth Knapp, (215) 814–2191, or by
On April 15, 2014 (79 FR 21173), EPA
email at knapp.ruth@epa.gov.
published a notice of proposed
SUPPLEMENTARY INFORMATION:
rulemaking (NPR) for the State of
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Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Rules and Regulations
Maryland proposing approval of
Maryland’s August 14, 2013 submittal to
satisfy several requirements of section
110(a)(2) of the CAA for the 2010 NO2
NAAQS. In the NPR, EPA proposed
approval of the following infrastructure
elements: Sections 110(a)(2)(A), (B), (C),
(D), (E), (F), (G), (H), (J), (K), (L), and
(M), or portions thereof. This action
does not include any action on section
110(a)(2)(I) of the CAA which pertains
to the nonattainment requirements of
part D, Title I of the CAA, because this
element is not required to be submitted
by the 3-year submission deadline of
CAA section 110(a)(1), and will be
addressed in a separate process if
necessary. The rationale which supports
EPA’s proposed action, including the
scope of infrastructure SIPs in general,
is explained in the NPR and the
technical support document (TSD)
accompanying the NPR and will not be
restated here. The TSD is available
online at www.regulations.gov, Docket
ID Number EPA–R03–OAR–2013–0649.
III. Final Action
EPA is approving as a revision to the
Maryland SIP the following
infrastructure elements in Maryland’s
August 14, 2013 submittal for the 2010
NO2 NAAQS: Sections 110(a)(2)(A), (B),
(C), (D), (E), (F), (G), (H), (J), (K), (L), and
(M). This rulemaking action does not
include section 110(a)(2)(I) of the CAA
which pertains to the nonattainment
requirements of part D, Title I of the
CAA, since this element is not required
to be submitted by the three year
submission deadline of section
110(a)(1), and will be addressed in a
separate process.
IV. Statutory and Executive Order
Reviews
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A. General Requirements
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
VerDate Mar<15>2010
15:56 Jul 11, 2014
Jkt 232001
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
In addition, this rule does not have
tribal implications as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000), because the SIP is
not approved to apply in Indian country
located in the state, and EPA notes that
it will not impose substantial direct
costs on tribal governments or preempt
tribal law.
B. Submission to Congress and the
Comptroller General
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
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40665
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by September 12, 2014. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
purposes of judicial review nor does it
extend the time within which a petition
for judicial review may be filed, and
shall not postpone the effectiveness of
such rule or action. This action,
addressing infrastructure requirements
of section 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M) of the
CAA for the 2010 NO2 NAAQS for the
State of Maryland, may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Reporting
and recordkeeping requirements.
Dated: June 25, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart V—Maryland
2. In § 52.1070, the table in paragraph
(e) is amended by adding the entry for
‘‘Section 110(a)(2) Infrastructure
Requirements for the 2010 Nitrogen
Dioxide NAAQS’’ at the end of the table
to read as follows:
■
§ 52.1070
*
Identification of plan.
*
*
(e) * * *
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Federal Register / Vol. 79, No. 134 / Monday, July 14, 2014 / Rules and Regulations
Name of nonregulatory SIP
revision
Applicable
geographic
area
*
*
Section 110(a)(2) Infrastructure Requirements for the 2010 Nitrogen
Dioxide NAAQS.
Statewide.
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2013–0542; FRL–9913–48–
Region–6]
Approval and Promulgation of
Implementation Plans; Texas;
Revisions to the New Source Review
State Implementation Plan; Flexible
Permit Program
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is conditionally
approving revisions to the Texas New
Source Review (NSR) State
Implementation Plan (SIP) to establish
the Texas Minor NSR Flexible Permits
Program, submitted by the Texas
Commission on Environmental Quality
(TCEQ). The conditional approval is
predicated on a commitment from TCEQ
in a letter dated December 9, 2013, to
adopt certain minor clarifications to the
Flexible Permit Program by November
30, 2014. The EPA is finalizing this
action under section 110 of the Clean
Air Act (CAA).
DATES: This final rule is effective August
13, 2014.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2013–0542. All
documents in the docket are listed in
the https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available.
E.g., Confidential Business Information
or other information the disclosure of
which is restricted by the statute.
Certain other material such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically in https://
www.regulations.gov or in hard copy at
the Air Permits Section (6PD–R),
Environmental Protection Agency, 1445
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SUMMARY:
15:56 Jul 11, 2014
EPA approval date
Additional
explanation
8/14/2013
*
*
7/14/2014 [Insert Federal Register
citation].
*
*
This action addresses the following
CAA elements: 110(a)(2) (A), (B),
(C), (D), (E), (F), (G), (H), (J), (K),
(L), and (M).
*
[FR Doc. 2014–16301 Filed 7–11–14; 8:45 am]
VerDate Mar<15>2010
State submittal
date
Jkt 232001
Ross Avenue, Suite 1200, Dallas, Texas
75202–2733. While all documents in the
docket are listed in the index, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material), and some may
not be publicly available at either
location (e.g., CBI). To inspect the hard
copy materials, please schedule an
appointment with the person listed in
the FOR FURTHER INFORMATION CONTACT
paragraph below or Mr. Bill Deese at
214–665–7253.
FOR FURTHER INFORMATION CONTACT: Ms.
Stephanie Kordzi, Air Permits Section
(6PD–R), Environmental Protection
Agency, Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733,
telephone 214–665–7520; email address
kordzi.stephanie@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
the EPA.
Table of Contents
I. Background for This Final Action
II. Response to Comments
III. When is this action effective?
IV. Final Action
V. Statutory and Executive Order Reviews
I. Background for This Final Action
On September 23, 2009, the EPA
proposed to disapprove revisions to the
SIP submitted by the State of Texas that
established the Flexible Permit Program.
74 FR 48480. On July 15, 2010, the EPA
took final action by disapproving Texas’
Flexible Permit Program. 75 FR 41312.
For a detailed discussion of our
rationale for the disapproval see 75 FR
41312 (July 15, 2010). Upon finalization
of the rule several parties appealed the
decision to the Fifth Circuit Court of
Appeals. In July and August of 2010 the
State of Texas, Texas Oil & Gas
Association (TXOGA), Texas
Association of Manufacturers, and
Business Coalition for Clean Air (BCCA)
Appeal Group all filed petitions with
the Fifth Circuit Court of Appeals
seeking to overturn the EPA’s
disapproval of the Flexible Permit
Program. During the same time period,
the Environmental Defense Fund (EDF)
and Environmental Integrity Project
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(EIP) moved for leave to intervene in
support of the EPA’s disapproval. Their
request to intervene was granted by the
Court. While the challenge was pending,
the state adopted a modified flexible
permits regulation, but did not submit it
to the EPA.
On August 13, 2012, the Fifth Circuit
Court of Appeals granted the
petitioner’s review, vacated our
disapproval of the Texas Flexible Permit
Program and remanded the matter back
to the EPA for further review. After the
Court remanded the Flexible Permit
Rule to the EPA, the State, in a letter
dated September 12, 2012, requested
that we take action on the original
Flexible Permit Program submittal
package in accordance with the ruling of
the Fifth Circuit Court of Appeals.
Following discussions with the EPA, on
September 24, 2013, Texas formally
adopted and approved this SIP revision
which is comprised of the original
submittal that the EPA took its
disapproval action on as well as rule
additions agreed upon between the
TCEQ and the EPA that the EPA finds
are essential to the program’s
approvability.
On October 21, 2013, Texas formally
submitted to the EPA this final revision
to the SIP. The TCEQ also identified in
the Flexible Permits Program SIP
submittal cover letter, several sections
of previous SIP submittals that are
withdrawn from the EPA’s
consideration as revisions to the Texas
SIP. Accordingly, the EPA recognizes
the following sections as withdrawn by
the State and no longer before us for
review or action:
• 30 TAC Section 116.711(3) (last
sentence only) and (11), as amended
August 21, 2002, and all earlier versions
withdrawn October 21, 2013.
• Adopted revisions submitted
October 21, 2013. 30 TAC Section
116.715(a), only with regard to the text
‘‘or Subchapter C of this chapter
(relating to Hazardous Air Pollutants:
Regulations Governing Constructed or
Reconstructed Major Sources (FCAA
Section 112(g), 40 CFR Part 63))’’, as
amended August 21, 2002, and all
earlier versions withdrawn on October
21, 2013.
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]]>Agencies
[Federal Register Volume 79, Number 134 (Monday, July 14, 2014)]
[Rules and Regulations]
[Pages 40664-40666]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16301]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R03-OAR-2013-0649; FRL-9913-41-Region-3]
Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Section 110(a)(2) Infrastructure Requirements for the 2010
Nitrogen Dioxide National Ambient Air Quality Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of Maryland
pursuant to the Clean Air Act (CAA). Whenever new or revised National
Ambient Air Quality Standards (NAAQS) are promulgated, the CAA requires
states to submit a plan for the implementation, maintenance, and
enforcement of such NAAQS. The plan is required to address basic
program elements, including, but not limited to regulatory structure,
monitoring, modeling, legal authority, and adequate resources necessary
to assure attainment and maintenance of the standards. These elements
are referred to as infrastructure requirements. The State of Maryland
has made a submittal addressing the infrastructure requirements for the
2010 nitrogen dioxide (NO2) NAAQS.
DATES: This final rule is effective on August 13, 2014.
ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2013-0649. All documents in the docket are listed in
the www.regulations.gov Web site. Although listed in the electronic
docket, some information is not publicly available, i.e., confidential
business information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy for public inspection during normal business hours at the Air
Protection Division, U.S. Environmental Protection Agency, Region III,
1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State
submittal are available at the Maryland Department of the Environment,
1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230.
FOR FURTHER INFORMATION CONTACT: Ruth Knapp, (215) 814-2191, or by
email at knapp.ruth@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On February 9, 2010 (75 FR 6474), EPA established a new 1-hour
primary NAAQS for NO2 at a level of 100 parts per billion
(ppb), based on a 3-year average of the 98th percentile of the yearly
distribution of 1-hour daily maximum concentrations. Section 110(a) of
the CAA requires states to submit SIPs to provide for the
implementation, maintenance, and enforcement of a new or revised NAAQS.
Specifically, section 110(a)(1) requires states to submit SIPs meeting
the applicable requirements of section 110(a)(2) within three years
following the promulgation of such NAAQS, or within such shorter period
as EPA may prescribe, and section 110(a)(2) requires states to address
specific elements for monitoring, basic program requirements and legal
authority that are designed to assure attainment and maintenance of the
newly established or revised NAAQS.
The contents of a SIP submission may vary depending upon the data
and analytical tools available to the state, as well as the provisions
already contained in the state's SIP at the time in which the state
develops and submits the submission for a new or revised NAAQS. States
were required to submit such SIPs for the 2010 NO2 NAAQS to
EPA no later than January 2013.
II. Summary of SIP Revision
On April 15, 2014 (79 FR 21173), EPA published a notice of proposed
rulemaking (NPR) for the State of
[[Page 40665]]
Maryland proposing approval of Maryland's August 14, 2013 submittal to
satisfy several requirements of section 110(a)(2) of the CAA for the
2010 NO2 NAAQS. In the NPR, EPA proposed approval of the
following infrastructure elements: Sections 110(a)(2)(A), (B), (C),
(D), (E), (F), (G), (H), (J), (K), (L), and (M), or portions thereof.
This action does not include any action on section 110(a)(2)(I) of the
CAA which pertains to the nonattainment requirements of part D, Title I
of the CAA, because this element is not required to be submitted by the
3-year submission deadline of CAA section 110(a)(1), and will be
addressed in a separate process if necessary. The rationale which
supports EPA's proposed action, including the scope of infrastructure
SIPs in general, is explained in the NPR and the technical support
document (TSD) accompanying the NPR and will not be restated here. The
TSD is available online at www.regulations.gov, Docket ID Number EPA-
R03-OAR-2013-0649.
III. Final Action
EPA is approving as a revision to the Maryland SIP the following
infrastructure elements in Maryland's August 14, 2013 submittal for the
2010 NO2 NAAQS: Sections 110(a)(2)(A), (B), (C), (D), (E),
(F), (G), (H), (J), (K), (L), and (M). This rulemaking action does not
include section 110(a)(2)(I) of the CAA which pertains to the
nonattainment requirements of part D, Title I of the CAA, since this
element is not required to be submitted by the three year submission
deadline of section 110(a)(1), and will be addressed in a separate
process.
IV. Statutory and Executive Order Reviews
A. General Requirements
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
B. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
C. Petitions for Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by September 12, 2014. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, addressing infrastructure requirements of section
110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M)
of the CAA for the 2010 NO2 NAAQS for the State of Maryland,
may not be challenged later in proceedings to enforce its requirements.
(See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Nitrogen dioxide, Reporting and recordkeeping requirements.
Dated: June 25, 2014.
W.C. Early,
Acting Regional Administrator, Region III.
40 CFR part 52 is amended as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart V--Maryland
0
2. In Sec. 52.1070, the table in paragraph (e) is amended by adding
the entry for ``Section 110(a)(2) Infrastructure Requirements for the
2010 Nitrogen Dioxide NAAQS'' at the end of the table to read as
follows:
Sec. 52.1070 Identification of plan.
* * * * *
(e) * * *
[[Page 40666]]
----------------------------------------------------------------------------------------------------------------
Name of non- regulatory SIP Applicable State submittal Additional
revision geographic area date EPA approval date explanation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Section 110(a)(2) Infrastructure Statewide......... 8/14/2013 7/14/2014 [Insert This action
Requirements for the 2010 Federal Register addresses the
Nitrogen Dioxide NAAQS. citation]. following CAA
elements:
110(a)(2) (A),
(B), (C), (D),
(E), (F), (G),
(H), (J), (K),
(L), and (M).
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[FR Doc. 2014-16301 Filed 7-11-14; 8:45 am]
BILLING CODE 6560-50-P
